R U Rigid or Flexible with EU Common Area Improvements??

Started by MichelleC • 8 replies • 1847 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

MichelleC (California)
Posts: 5

Posted:

I am the Secretary of a San Diego based townhome HOA. The Architectural Committee has very different views from the Board Members relating to whether or not homeowners can paint the interior fence of their backyard, install a patio pergola or any type of patio cover (both part of the exclusive use common area), window coverings on the interior of the front doors for privacy, etc.

Some of my fellow Board Members want everything exactly the same between the units - meaning if the homeowner wants to they can paint their fence one pre-approved color, build one pre-approved patio cover and are not allowed to install window coverings for the small windows in the front doors.

Our Architectural Committee believes homeowners should have choices of 3 or 4 pre-approved fence colors, 3 pre-approved patio cover options and believe homeowners have a right to privacy and will allow clear/textured film on the front door windows - The Committee wants standardized options (if you get what I mean).

How do other communities handle things?? Are you into the "cookie cutter" look, or do you allow your homeowners a choice?

I'm looking forward to anyone's input.

LisaS (Illinois)
Posts: 341

Posted:

I am the VP of an HOA with single family homes, so for us its a bit different.

As for the interior of the window you mentioned- I don't see how that is enforceable unless the same rules are applied to ALL windows. And I don't think anyone wants to live without shades!

I do understand the desire for everything to appear the same. If all projects/colors are reviewed and approved prior to the commencement of the project, I believe you should let there be variety. You can of course set an outline of minimum requirements (i.e. pergola can only be 10 feet high, 10 feet wide, only cedar, only composite, only white, only natural. etc or patios can only be concrete, or paver, or square etc.)

The problem with lack of choices is that the ones you have quickly become outdated. What's in today (stamped concrete) is out tommorrow
(gray concrete).

Good luck!

MichelleC (California)
Posts: 5

Posted:

Thank you!

AnnJ2 (Colorado)
Posts: 120

Posted:

It all really depends on the board and the membership. Your board should ahve an overriding authority to the ACC. the board is the appointing body of the ACC and have in teh end just as much power as the board allows them to have, they are not an ad-hoc board of directors with powers not given to them. they may or may not have written their own charter and if they did it would be subject to the board's approval. The board is the elected body and the ultimate decision making authority.

Most associations recognize that somethings change over time and making one hard a fast rule when it comes to asethetics cna not only date an association but also cause undue expense to owners who wish to upgrade or update their homes. We normally recommend several options if you are doing pre-approvals for example window coverings can be any neutral shade but must still be submitted for acceptance. the interior fence color should maybe be between three or four colors since it does not effect other owners but for uniformity and property values the exterior color only one option. If the owner is responsible for painting the homes then give them several options for body, trim and accent jsut as the builder did in the beginning.

Holding too ahrd and rigid does not allow for the improvement of the community and the continued rise in property values.

DanaB1 (Connecticut)
Posts: 319

Posted:

The board overrules the ACC, not the other way around.

I'm a hardliner when it comes to the rules. As a now sitting (experienced) President over a new board of inexperienced members(we removed the old board), I have several that see no need for so many rules. These members are quickly learning the error of their ways.

As a 26 year old association we have had many past boards not enforce the rules and we are now going through a very difficult transition in trying to now enforce them. Many owners don't like the amount of leeway their neighbors have taken as far as putting items out on the common property and making changes without ACC approval. And the irony here? Some of the worst violators are past board members. Talk about a self-righteous group.

A board has to keep this stuff in check or it gets out of hand very quickly.

Some people that live in condo's or HOA's should have bought private property type homes because they are not cut out for "community living".

SusanW1 (Michigan)
Posts: 5,202

Posted:

I believe in lots of choices, within a structure. So choosing from a set of pre-approved colors or pre-approved options for any kind of look gives people a sense of control and individuality.

It is important for the board to bring in a community designer or color specialist to help get choices for this "look" right.

I don't like the exact cookie-cutter look. It's downright depressing to me.

AnnJ2 (Colorado)
Posts: 120

Posted:

Dana I agree that the board/manager must be hardline when it comes to requiring that all procedures and processes and approvals are complied with under the rules in place at any given time. I am not sure if it is only a state law here or a federal law; but, i do know that here if an architectural change is made and not noticed as in violation within one year of completion of construction/change the association has no legal standing to require it is changed or removed. so with this in mind, if notices are not sent about a violation of ACC for over one year, the association is pretty much stuck with it.

DonnaS (Tennessee)
Posts: 5,671

Posted:

I guess that I believe that--"GIVE THEM AN INCH AND THEY WILL TAKE A MILE"

Everything must be written in full description. It is okay to have choices because we don't want to look like the Stepford Wives in our living spaces. but those choices must be completely spelled out and enforced. ARCs should have guidelines in which they approve or disapprove items, colors and changes. Members must have copies of those guidelines otherwise they have to guess and that is when they get into trouble with compliancy.

I do not understand the idea that all structures must look identical. Having 200 units all the same color reminds me of the Federal Housing that I used to live in as a kid. Getting lost was easy because no unit looked different than the others. What is the purpose of that other than they can buy hundreds of gallons of paint at a better price.

KirkW1 (Texas)
Posts: 1,665

Posted:

Several things:
1) I find it hard to imagine why people would want their homes to like like East Berlin. Some of what I see rivals the military in the uniform department. Personalization actually improves property values.

2) The Board of Directors sits in position above any other committee. But, in my opinion you should be serving the community not your personal vision. An HOA is representational government and as such you should represent the views of the neighborhood as a whole. If 90% of the neighborhood believes that choices are appropriate, that is what should be the case.

3) Donna has mentioned a great idea before in regards to color choices. Get a huge selection of colors and pull the unacceptable ones leaving well over 100 shades of color.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here